Proposed 11th Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC Copyrighted
June 6, 2022
City of Dubuque Consent Items # 018.
City Council Meeting
ITEM TITLE: Proposed 11th Amendment to Master Co-location and Shared Services
Agreement between the City of Dubuque and I mOn Communications
LLC
SUMMARY: City Manager recommending City Council approval of Amendment#11
to an existing Master Agreement and Project Statement in place between
the City of Dubuque and I mOn Communications LLC.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Proposed 11th Amendment to Master Co-location and
Shared Services Agreement between the City of City Manager Memo
Dubuque and ImOn Communications LLC-MVM Memo
ImOn Grandview Project Statement 11 ImOn signed Supporting Documentation
Proposed 11th Amendment to Master Co-location and
Shared Services Agreement between the City of Staff Memo
Dubuque and ImOn Memo to the City Manager
ImOn 11th Amendment Grandview Map Exhibit A Supporting Documentation
Dubuque
THE CITY OF htbd
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed 11th Amendment to Master Co-location and Shared Services
Agreement between the City of Dubuque and ImOn Communications LLC
DATE: June 2, 2022
Civil Engineer II Dave Ness, Information Services Manager Chris Kohlmann, and David
Lyons, Sustainable Innovation Consultant, are recommending City Council approval of
Amendment #11 to an existing Master Agreement and Project Statement in place
between the City of Dubuque and ImOn Communications LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/- 1./C.//14,4 kV.i'/74"..,.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
Dubuque
THE CITY OF "
IIFMmerip City
DUB E
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Masterpiece on the Mississippi 20072017*2*20192*2013
TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
SUBJECT: Proposed 11th Amendment to Master Co-location and Shared Services
Agreement between the City of Dubuque and ImOn Communications LLC
DATE: May 31 , 2022
INTRODUCTION.
The purpose of this memo is to request approval of Amendment # 11 to an existing
Master Agreement and Project Statement in place between the City of Dubuque and
ImOn Communications LLC.
BACKGROUND
In 2016 the City of Dubuque undertook its Broadband Acceleration Initiative. The
Initiative focuses on public/private collaborations and includes a comprehensive
strategy to reduce the cost and time required for broadband expansions in Dubuque.
One effort within that strategy is the use of "Master Agreements", where an overall legal,
structural, and financial relationship is established between the City and broadband
providers and approved by City Council. Project Statements carried out pursuant to that
Master Agreement can then be quickly considered and approved.
In 2017 the City of Dubuque and ImOn entered into a Master Co-location and Shared
Services Agreement to accelerate the deployment of new broadband capacity in
Dubuque. The collaborations have gone well and all anticipated value to the City is
being received through the partnership - accomplished in several subsequent
amendments
DISCUSSION.
ImOn would like to undertake a project that would add significant capacity to their new
Dubuque fiber-to-the-home (FTTH) network. The project would involve the installation of
ImOn fiber optic infrastructure in the median of South Grandview Avenue. Given the
limited space within this right-of-way and the need to both protect existing City assets
and accommodate future City needs, the amendment provides ImOn with access to that
right-of-way and imposes requirements to accommodate and support City public safety
infrastructure (lighting/cameras) and network assets. ImOn would be required to obtain
all permits and licenses before beginning work, including a Nonfranchised
Communication Systems in Public Right-Of-Way License. It also provides the City with
the future right to purchase ImOn infrastructure in this right-of-way if it is determined to
be in the best interests of the City of Dubuque.
BUDGET IMPACT
There is no negative budgetary impact to the approval of the proposed amendment. The
amendment provides that ImOn may seek reimbursement for any costs specific to City
public safety installations (lighting/cameras), for which there is an existing City budget
within the Engineering Department. Any additional costs to the City would be offset
from license fees incurred by ImOn. There may be a positive budgetary impact to the
City as infrastructure costs for its anticipated lighting and public safety camera system
should be reduced through efficiencies created by this ImOn amendment. Such
efficiencies would include such items as traffic control, equipment mobilization and
landscape repair.
RECOMMENDATION AND ACTION REQUESTED
This Amendment supports Dubuque's Broadband Acceleration Initiative, protects and
enhances existing City right-of-way and reduces the cost to City of providing a state-of-
the-art fiber optic, lighting and public safety camera infrastructure. We would
respectfully request your approval and recommendation to City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Project Engineer
Kerry Bradley, Engineering
Marie Ware, Leisure Services Manager
EXHIBIT A
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Amendment#_11 to Master Co-location and Shared Services Agreement between
ImOn Communications LLC and City of Dubuque
Pursuant to the Master Co-locations and Shared Services Agreement between City of Dubuque and
ImOn Communications, LLC, dated May 23, 2022 and attached hereto,the Parties hereby agree to the
following PROJECT STATEMENT:
Narrative description of co-location and service sharing:
- City will provide ImOn with authority under its existing Master Co-locations and Shared Services
Agreement to access and use certain restricted right-of-way for purposes of installing broadband
communication infrastructure, such right-of-way known as South Grandview Avenue median and as
further delineated in Exhibit A.
- Given the limited available capacity and the need to accommodate public safety and other City
needs, ImOn agrees to the following:
• ImOn acknowledges that the median right-of way is very limited in this area and must be
prioritized for public safety purposes.
• That any installation by ImOn must accommodate and include the public safety needs of the
City, including the planned comprehensive lights and public safety camera system.
Coordination of such installation would be with the City of Dubuque Engineering
Department.
• That any installation by ImOn would identify and protect the existing flower gardens that have
been integrated into the public right-of-way in this median. Coordination of such installation
would be with the City of Dubuque Parks and Recreation Department.
- To the extent possible, the City would assist ImOn in recovering any additional documented
costs for these accommodations by allowing an off-set against pending conduit licenses.
ImOn will also be allowed to invoice City of Dubuque Engineering for lighting and public
safety camera infrastructure costs. Such invoices may be submitted prospectively so long
as the costs are itemized and pre-approved in writing by the City of Dubuque Engineering
Department.
- The City of Dubuque would have the right to purchase any infrastructure installed by ImOn
in the median of South Grandview Avenue at such time as it determined the purchase to be
in the best interests of the City. Such purchase would be established as ImOn's
documented costs for such infrastructure. If such a purchase did occur, City would make
arrangements for ImOn to be able to continue to use such infrastructure to support its
fiber-to-the-home broadband services for a minimum period of twenty (20) years.
- ImOn is responsible for obtaining all licenses and permits required from Federal, State or Local
government including but not limited to Department of Transportation, Corps of Engineers, Dept. of
Natural Resources and Railroads,for work in the median.
- City shall have the right of prior review and approval of any installation, repairs, restoration,
relocations, improvements, enhancements and maintenance of the infrastructure proposed by
ImOn.
Scope of shared service to be provided by City to ImOn:
City will provide ImOn with authority under its existing Master Co-locations and Shared Services
Agreement to access and use certain restricted right-of-way for purposes of installing broadband
communication infrastructure.
Scope of shared service to be provided by ImOn to CITY:
ImOn shall accommodate City needs as described herein and perform all work within the requirements
of this amendment.
Charges and Payment Terms:
Any payments to ImOn pursuant to this agreement shall only be for actual costs presented and
approved by the City.
Start Date:
Estimated Start Date June 6, 2022
Project Statement accepted:
Dated: 06/07/2022 Dated: May 23, 2022
CITY OF DUBUQUE, IOWA ImOn COMMUNICATIONS, LLC
Digitally signed by Patrice M.Carroll
Patrice M. Carroll D <n=PatriceMCarrollo=lmOn Communications.
LLC.ou=lmOn Communi<ations,LLO,
/1 � mail=patrlce.carroll@imon.net,c=US
By: I 1 Date 2022.05.2315:24:50-05'00'
Micl ael Van Milligen, Dubuque City Manager Patrice Carroll, President